Administrative grievance procedure regulations: grounds of adverse action, hearing, examination of documents, representation, evidence, decision; judicial hearing; eviction and termination procedures
The Secretary shall by regulation require each public housing agency receiving assistance under this chapter to establish and implement an administrative grievance procedure under which tenants will—
(1)#
be advised of the specific grounds of any proposed adverse public housing agency action;
(2)#
have an opportunity for a hearing before an impartial party upon timely request within any period applicable under subsection ( l );
(3)#
have an opportunity to examine any documents or records or regulations related to the proposed action;
(4)#
be entitled to be represented by another person of their choice at any hearing;
(5)#
be entitled to ask questions of witnesses and have others make statements on their behalf; and
(6)#
be entitled to receive a written decision by the public housing agency on the proposed action.
For any grievance concerning an eviction or termination of tenancy that involves any activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other tenants or employees of the public housing agency or any violent or drug-related criminal activity on or off such premises, or any activity resulting in a felony conviction, the agency may (A) establish an expedited grievance procedure as the Secretary shall provide by rule under section 553 of title 5 , or (B) exclude from its grievance procedure any such grievance, in any jurisdiction which requires that prior to eviction, a tenant be given a hearing in court which the Secretary determines provides the basic elements of due process (which the Secretary shall establish by rule under section 553 of title 5 ). Such elements of due process shall not include a requirement that the tenant be provided an opportunity to examine relevant documents within the possession of the public housing agency. The agency shall provide to the tenant a reasonable opportunity, prior to hearing or trial, to examine any relevant documents, records, or regulations directly related to the eviction or termination.